Sunday, May 18, 2014

Important Sunday Morning PSA: Fosamax® ONJ Settlement Forms -- Submissions; Deadlines, Etc.


Ordinarily, I would not link to a plaintiffs' side law firm website, directly (in fact, I don't think I ever have, in going on seven years of blogging) -- but the Levin firm, as counsel for many of the Fosamax® ONJ claimants, has consistently and faithfully provided very useful content, gratis -- lo' these eight long years, and so distiguished itself online -- that we link the firm -- here and now, directly. That said, this post is NOT legal advice on my part, nor do I endorse any advice given, or view offered at the link, there -- save this one bit (below). Finally, I am in no manner affiliated with that Levin firm, nor have I been compensated in any way -- to post this. [Nor am I affiliated with, or compensated by Merck -- as if that wasn't clear enough -- to this particular moment in time(!)]. Whew, boiler-plate disclaimers concluded, now.

So, to Levin Papatonio: well done, ladies and gentlemen.

This is the latest "PSA" announcement, from those lawyers. For my part, I seriously doubt Merck will walk away, even though it negotiated for the right to do so. The goal of Whitehouse Station, I think, was to drive as many ONJ claimants as possible into the settlement. At 95 per cent, it has done so. I do think Merck will reduce the per claimant payouts by the corresponding approximately five per cent, though -- making a very favorable settlement, all the more so, from Merck's perspective. No, it will go through. But that's just business, right? Right. Here's the Levin link -- and the update below. Do bookmark and follow the link though -- as I am not likely to be timely with updates here -- and Levin will be. Here it is, then:

. . . .05/16/14 - IMPORTANT UPDATE: PSC Lead Counsel Tim O’Brien reports that, as of today, the Master Settlement has a participation rate of approximately 95% of all claimants.

Under the terms of the Master Settlement Agreement, Merck has 45 days to review the non-participating claimants’ files and determine whether Merck will walk away from the settlement or claw back the claim values of the non-participating claimants from the total settlement fund. The Claims submission process will coincide with the 45 days period and will begin shortly. There will be an on-line training session for the Claim Portal announced in the next week.

Stay tuned to this website for updates relating to the submission of Claim packages through the on-line Claims portal. . . .


Enjoy some fresh hot coffee, cold fragrant OJ and slice of something delicious this morning -- then go ride a bike! I know I will. . . in short, be excellent to one another.

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